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98-22671 RESO RESOLUTION NO. 98-22671 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR) AND APPROVING THE SUBMITTAL OF THE PROPOSED EAR BASED COMPREHENSIVE PLAN AMENDMENTS, AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE EAR AND EAR BASED TEXT AMENDMENTS TO THE ST ATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND TO ALL OTHER REQUIRED STATE AND LOCAL GOVERNMENTAL REVIEW AGENCIES. WHEREAS, the Growth Management Act of 1985, as amended, requires all local governments to conduct an evaluation ofthe adopted goals, policies and objectives contained within the local government's adopted comprehensive plan every five years; and WHEREAS, the City of Miami Beach ("City") has prepared an Evaluation and Appraisal Report (EAR) as required by State law and has proposed EAR based text amendments to the following adopted components of Part II: Goals, Objectives and Policies ofthe City of Miami Beach Year 2000 Comprehensive Plan ("Comprehensive Plan"): Future Land Use Element, Traffic Circulation Element, Mass Transit Element, Ports, Aviation and Related Facilities, Housing Element, Infrastructure: Sanitary Sewer, Solid Waste, Drainage and Potable Water, Conservation/Coastal Zone Management Element, Recreation and Open Space Element, Intergovernmental Coordination Element, Capital Improvement Program Element, and Historic Preservation Element; and WHEREAS, on August 26, 1997, the City's Planning Board, sitting as the Local Planning Agency, held a public hearing and recommended approval (by a vote of 5-0, one absence and one vacancy) of the EAR and the proposed EAR based text amendments to the Comprehensive Plan which recommendation included minor changes to the Traffic Circulation Element's Level of Service standards, the addition of a policy to study the adequacy of electric service to the City, and a modification of the Future Land Use Goal; and WHEREAS, also included in the Planning Board's review and approval of the EAR and the EAR based text amendments to the Comprehensive Plan are recommendations emanating from the respective City departments' reviews of the EAR; and WHEREAS, on November 19,1997, pursuant to Section 163.3191(4), Florida Statutes, the City Commission held a public hearing to consider adoption of the Miami Beach Year 2000 Comprehensive Plan Evaluation and Appraisal Report (EAR) and to consider approval of the proposed EAR based Comprehensive Plan text amendments and their submittal to the State of Florida Department of Community Affairs and to all other required state and local governmental review agencies; and WHEREAS, on November 19,1997, the City Commission did not act on the EAR based Comprehensive Plan amendments but, referred the EAR and EAR based text amendments back to the City's Planning Board; and WHEREAS, on December 16, 1997, the City's Planning Board, sitting as the Local Planning Agency, again considered and approved the EAR and EAR based text amendments (by a vote of 6-0, 1 vacancy); and WHEREAS, pursuant to Section 163.3191(4), Florida Statutes and Rule 9J-5 of the Florida Administrative Code, a public hearing is now required by the City Commission to make a determination as to the internal consistency of the Comprehensive Plan, including adoption of the EAR, approval on first reading of the proposed EAR based text amendments to the City's Comprehensive Plan, and to determine whether to submit the proposed amendments to the State of Florida Department of Community Affairs and to all other required governmental entities. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that 1. The Miami Beach Year 2000 Comprehensive Plan Evaluation and Appraisal Report (EAR) is hereby adopted; 2. The submittal of the proposed EAR based Comprehensive Plan amendments to the State of Florida Department of Community Affairs and to all other required State and local governmental review agencies is hereby approved; and 3. The City Administration is authorized and directed to submit the adopted Miami Beach Year 2000 Comprehensive Plan Evaluation and Appraisal Report (EAR) and proposed EAR based text amendments to the Comprehensive Plan, as approved by the City's Planning Board, to the State of Florida Department of Community Affairs and to all other required State and local governmental review agencies. PASSED and ADOPTED this 18th day of February ,1998. ATTEST: MA yo!ff~ _~6f~ CITY CLERK ' APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:IA TTOI TURN\RESOSIEARPLAN. RS2 dd~ fv!j);fIL- ity Attorney ~/J'lqf /-. r " I Date CITY OF MIAMI BEACH m CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. &;-9& TO: Members of the City Commission DATE: February 18, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: An Ordinance Adopting Amendments to the City of Miami Beach Comprehensive Plan Based on the Changes Recommended in the City of Miami Beach Comprehensive Plan Evaluation and Appraisal Report (EAR) and a Resolution Adopting the EAR and Approving the Transmittal of the EAR and Recommended Amendments to the Comprehensive Plan to Appropriate Agencies and the State of Florida Department of Community Affairs. RECOMMENDA TION Adopt the Ordinance on First Reading Public Hearing and approve the Resolution. BACKGROUND The Planning Board, sitting as the Local Planning Agency, had heard this matter initially on August 26, 1997 and transmitted its recommendation to the City CommissioIl in September, wherein a public hearing was set for October 21,1997. The hearing was opened by the City Commission on October 21 and continued to November 19,1997. On November 19, some members of the newly- elected Commission voiced their concern that they had not had an adequate opportunity to review the subject documents and were not prepared to vote. Since the State Statutes require that the Commission transmit the EAR within ninety (90) days of a recommendation by the Local Planning Agency (the Planning Board), the matter was automatically remanded to the Planning Board to re- commence the process. On remand, the Planning Board again held a public hearing on December 16, 1997, and recommended approval of the transmittal resolution and adoption of the ordinance (by a vote of 6-0, 1 vacancy), recommending approval of the EAR-based amendments as presented in Appendix "A". On January 21, 1998, the City Commission set the public hearing for today. AGENDA ITEM K5& DATE 2-1 8'-3Z The Growth Management Act of 1985 (as amended) requires all local governments to conduct an evaluation of the adopted goals, policies and objectives contained within the adopted Comprehensive Plan every five years. The evaluation is comprised of an analysis of each objective and an evaluation of how the objective and its policies fulfill the requirements mandated by Chapter 9-15, F.A.C. Furthermore, the analysis assesses the consistency of the adopted Comprehensive Plan with changes to the State of Florida growth management policies. More specifically, the Comprehensive Plan Evaluation and Appraisal Report (EAR) addresses the validity of the plan's projections, the realization of the plan's goals and objectives, and the implementation of the plan's policies. The EAR also addresses changes in local conditions that should be considered in revising the plan. It evaluates the effect on the Comprehensive Plan of changes to the State Comprehensive Plan; changes to Chapter 163, Part II, F.S.; changes to Chapter 91-5, F.A.C.; and changes to the South Florida Regional Policy Plan. Recommended changes to the Comprehensive Plan emanating from the findings of the EAR are called EAR-based amendments. The City of Miami Beach EAR was prepared by the City's planning consultant, Robert K. Swarthout, with input from the Planning, Design and Historic Preservation Division, and was completed in May of 1996. At that point in time, the process could not move forward because the City of Miami Beach Comprehensive Plan, as amended in 1994, had not !feen found to be in compliance; in December, 1996, the amended plan was found in compliance, and the City entered into a compliance agreement. Since then, the EAR has been circulated for comments from City departments. On August 26, 1997, the Planning Board (sitting as the Local Planning Agency), conducted a workshop, held a public hearing and recommended approval of the EAR and proposed text EAR- based amendments to the Comprehensive Plan. The Board's recommendation included deleting proposed changes to the level of service standards in the Traffic Circulation Element as recommended by the consultant; the addition of a policy to study the adequacy of electric service to the City; a modification to the Future Land Use Goal; and other changes as proposed by certain City departments to address errors or changes in conditions. On December 16, 1997, the Planning Board conducted a second public hearing, as described above, and again recommended approval of the EAR and EAR-based amendments, as further amended by the Board. The Planning Board's recommendations are fully incorporated in a revised EAR-based Amendment presented in Appendix "A" and summarized in Appendix "B". PURPOSE OF TODA V'S PUBLIC HEARING The purpose of the public hearing is to receive public comments on the EAR and on text amendments emanating from the EAR to the following adopted components of Part II of said plan: Goals, Objectives and Policies: Future Land Use Element; Traffic Circulation Element; Mass Transit Element; Ports, Aviation and Related Facilities Element; Housing Element; Infrastructure: Sanitary Sewer, Solid Waste, Drainage and Potable Water Element; Conservation/Coastal Zone Management Element; Recreation and Open Space Element; Intergovernmental Coordination Element; Capital Improvement Program Element and Historic Preservation Element. (Note: Not all of the these elements are presently proposed for amendment; moreover, the proposed amendments do not change any designated land use categories on the existing Future Land Use Map.) 2 At the conclusion of the public hearing, the City Commission will make a determination as to the internal consistency of the Comprehensive Plan, including the proposed changes based on the 1996 EAR, will vote to adopt and submit the 1996 EAR, and will vote to adopt the proposed changes based on the EAR as amendments to the City's Comprehensive Plan and submit them to the State of Florida Department of Community Affairs. THE "TRANSl\nTT AL" PROCESS FOR THE EAR AND EAR-BASED COMPREHENSIVE PLAN AMENDMENTS The first step in this process calls for the City Commission, upon recommendation by the Planning Board (sitting as the Local Planning Agency), to approve the EAR and approve on first reading the proposed amendments to the text of the Comprehensive Plan and to submit both the EAR and the EAR based text amendments to the Florida Department of Community Affairs (DCA), and other affected state and local agencies. On December 16, 1997, the Planning Board recommended approval (6-0 in favor, 1 vacancy) of the transmittal of the EAR and the required documents amending the text of the Comprehensive Plan to the appropriate reviewing agencies (the revised EAR-based Amendments are presented in Exhibit "A"). Within ninety (90) days of the Planning Board's recommendations, the City Commission must adopt, or adopt with changes, the proposed EAR and submit the adopted EAR to the State. - The State and local agencies have a statutory time period (60 days) to review and comment on the EAR and the proposed amendments and their consistency with the State, regional and local plans. A report summarizing the comments of all of the commenting agencies is then transmitted back to the City by the DCA in the form of a report known as an "Objections, Recommendations and Comments" (ORC) report. The ORC is submitted by the DCA to the City, prior to public hearings being held on the final adoption of the EAR- based amendments. Subsequent actions of the City based on the EAR and EAR-based amendments must be consistent with the ORC, or reasonable explanations for deviation must be provided, in order for the DCA to review the final actions of the City and to determine whether those actions are "sufficient" or "not sufficient". THE EVALUATION AND APPRAISAL REPORT The EAR contains six (6) chapters as follows: 1. Achievement of Objectives and Implementation of Policies 2. Effect of Statute and Rule Changes 3. Condition of Plan at Time of Adoption 4. Condition of Plan at Time of This Report 5. Recommended Goal, Objective and Policy Revisions (EAR-based amendments) 6. Public Participation (Note: Based on recommendations of the Planning Board, Chapter 5 has been revised and is provided herein, as Appendix "A"). For ease of discussion and to help readers understand the EAR, a brief synopsis of each chapter is provided below with an in-depth evaluation and analysis of each chapter provided within the EAR itself: 3 1. Achievement of Obiectives and Implementation of Policies This chapter of the EAR provides an analysis of each Objective within the current Comprehensive Plan with an Evaluation of how the Objective and its Policies fulfill the requirements mandated by State Statutes (9-J5), and provides additional commentary when required. 2. Effect of Statute and Rule Chaniies This chapter of the EAR assesses the consistency of the adopted comprehensive plan with changes to the State of Florida growth management policies. Each local government's comprehensive plan must be consistent with the appropriate comprehensive regional plan and the State Comprehensive Plan. Only the changes that have occurred since 1989 have been evaluated for this document. Changes prior to 1989 were already considered and addressed in the current comprehensive plan. The evaluation concludes that the City's Comprehensive Plan is in compliance with the comprehensive South Florida Regional Plan and the State Comprehensive ptan. However, the consultant further recommended that the City's Comprehensive Plan be modified to incorporate transportation concurrency management techniques that are authorized by new Florida Administrative Code Rules set forth in 9J-5.0055; the Planning Board disagreed with this finding with regard to the Plan providing for more lenient traffic concurrency review criteria and, therefore, voted to delete these proposed changes to the Comprehensive Plan. As such, the Planning Board retained the adopted Level of Service (LOS) "D" for all roads in the City. 3. Condition of Plan at Time of Adoption This chapter of the EAR provides a description of the City and the purpose of each element within the Comprehensive Plan at the time of adoption. This chapter is meant to provide the lay person with a fairly good understanding of the principal concepts on how a comprehensive plan is to function. 4. Condition of Plan at Time of This Report This chapter provides an extensive evaluation and analysis of the Plan after the City initiated the 1994 "down planning" changes; these changes were found to be generally compatible with the Future Land Use Element objectives and policies. This chapter also includes analysis regarding future infrastructure needs and an analysis within the Intergovernmental Coordination Element regarding key issues from various elements and the nature of the relationship among these Elements, the responsibilities of various City Departments, the effectiveness of the existing coordinating mechanisms, and recommendations for improved coordination, where necessary . 4 5. Recommended Goal. Obiective and Policy Revisions This chapter contains the proposed changes to the Miami Beach Comprehensive Plan Goals, Objectives and Policies emanating from the findings of the EAR. These suggested changes are shown by means of language either stricken-through or underscored. Many of these changes were deemed necessary by the consultant in order to make policies measurable by updating the year by which the implementation of the policy should be completed. Of note is the suggested change to replace the City's current adopted level of service standards for potable water and sanitary sewer from a peak number of gallons per day to standards which are used in the Dade County Comprehensive Plan i.e., that the regional systems shall operate at rated (design) capacities and have the ability to deliver specified volumes per capita permanent population per day. Since the City's potable water and sanitary sewer systems are integral parts of the overall county systems, it is reasonable to use the County LOS standards. Although the Traffic Circulation Element was proposed to be amended by the consultant to incorporate transportation concurrency management techniques tharare authorized by new Florida Administrative Code Rules as discussed above, the Planning Board recommended to delete those amendments. In so doing, the Planning Board retained the adopted Level of Service (LOS) standard of "D" for all Miami Beach roadways, with no exemptions. 6. Public Participation Pursuant to the adopted 1994 Comprehensive Plan amendments and State Statutes, the public participation procedures for the EAR requires that the City hold one public hearing by the Local Planning Agency (Planning Board) and two public hearings by the City Commission. The schedule for these public hearings has been as follows: A. Planning Board sitting as Local Planning Agency held its public hearing on December 16, 1997, and made its recommendation to the City Commission. B. On January 21, 1998, the Administration requested the City Commission to set a public hearing on February 18, 1998, for the purposes of adopting the EAR and to approve on first reading the EAR-based amendments and to submit both to the appropriate government agencies, including DCA. C. DCA has sixty (60) days (or approximately until April 17, 1998) to find the EAR sufficient, including the EAR-based amendments, and provide findings back to the City of Miami Beach. Based on the above, the second reading public hearing on the EAR and EAR-based amendments could possibly be held on May 20, 1998. 5 REVIEW BY OTHER CITY DEP ARTMENTS The EAR has been reviewed by other City Departments to determine the consistency of the Comprehensive Plan to policies and practices in their respective areas of concern. Appendix "C" contains suggested changes from their review, which have been incorporated into the Planning Board recommended EAR-based amendments, presented in Appendix "A", as were earlier recommended by the Board at its August 26, 1997, meeting and reconfirmed by its subsequent hearing on December 16, 1997. RELATIONSHIP OF THE EAR AND EAR-BASED AMENDMENTS TO CONCURRENCY AND FUTURE AMENDMENTS TO THE COMPREHENSIVE PLAN As described in the Background, the State of Florida requires that each municipality prepare an EAR of its Comprehensive Plan every five years. This is not only a statutory requirement: the EAR must be transmitted and found sufficient by the State in order for the municipality to be eligible for further amendments to the Comprehensive Plan. State Statute 9-J5 does allow for simultaneous EAR-based amendments which are responsive to the findings of the EAR. Earlier concerns have been raised with regard to the City of Miami Beach achieving Concurrency and how this relates to both the EAR and EAR-based amendments. The Administration believes that the City has concurrency for all level of service (LOS) issues, including the adopted LOS for the City's roadways. Three locations have been identified, which have fallen below LOS "D" for traffic, but mitigation plans have been proposed which will improve these road segments to LOS "D" or better. As such, the EAR and EAR-based amendments should be approved for transmittal, as recommended by the Planning Board. In the short term, the Administration is requiring traffic studies for all significant development projects and when determined necessary, prescribing mitigation measures to assure that traffic is not degraded below the adopted LOS "D". The Commission has requested that all mitigation plans be presented to them prior to approval. The Administration is also in the midst of developing a Municipal Mobility Plan, awarded a contract to create an automated Concurrency Management System and embarked on the operation of the Electrowave Park-and-Ride Demonstration Project. The Administration has concluded that the first two efforts mentioned above need to be completed (projected for June 1998) in order to assess more fully transportation concurrency issues in a more comprehensive manner. In the long term (beyond July of 1998), based on the above findings, the Administration will be in a better position to evaluate possible amendments to the Comprehensive Plan which address adopted levels of service and concurrency. If, for example, the City wanted to consider changing the adopted traffic LOS for all roadways to "C", we would have sufficient data to evaluate if this change is achievable. At that time, the City would be able to establish what kind of capital costs would be involved to effectuate this standard, taking into consideration the State of Florida's advice that the City may only adopt changes to level of service standards if it also commits the financial resource to achieve all necessary improvements within five (5) years of such changes. 6 CONCLUSION Based on the foregoing, the Administration recommends approval of the EAR, adoption of the EAR-based amendments on first reading public hearing and the transmittal of the EAR and EAR- based amendments, as amended and recommended by the Planning Board and attached hereto as Appendix "A". srJeM JW11\ j Will \F:IPLAN\$ALL ICC _ MEMOSIl3l OCMS2.98 7